Charles Simango’s ‘thinking aloud’ on DPP Kachale’s prosecution of Mphwiyo in Cashgate
Ever Since my good friend, Ralph Kasambara, was convicted of conspiracy to murder one Paul Mphwiyo, I have been anxiously waiting for the day when I will see how the Director of Public Prosecution, Mary Kachale, will play her cards regarding the prosecution of Paul Mphwiyo in the Cashgate Case.
If you recall, the State’s case against Ralph Kasambara was that he was pressurizing Mphwiyo to make illegal payments and when the latter would not give in, Kasambara conspired with Pika Manondo and one Kumwembe to get rid of Mphwiyo.
That, according to the state, was Ralph’s motive for the attempted murder.
According to the state, their key witness was just a good citizen, shot for protecting state resources against the likes of Kasambara.
As it were, Mphwiyo went on to play his victim role very well on the stand, so well that in the end Justice Mtambo had no choice but to find Kasambara and others guilty of conspiracy to murder a patriot.
This week, the State has embarked on a totally different course, waging war against the very star witness they used against Kasambara.
The State is now parading witnesses to show that Mphwiyo was not actually the patriot they said he was but he was, in fact, the mastermind of the entire syndicate. Confusing? Not for me. I am just anxious to see how the State can wiggle out of this one.
I would like to see how they can say one day, that their star witness was a patriot, shot for his enthusiasm in guarding state coffers against looters and, then, the next day, tell us that, in fact, its key witness is actually the Don of the Mafia that masterminded the looting – and expect us to believe both stories.
For to present Mphwiyo as the Kingpin of Cashgate is to remove the very motive of his attempted murder for which Kasambara was convicted.
To make matters worse, the State failed to include Kasambara the list of the 16 or so Cashgate suspects that were receiving and cashing the cheques, which would have given it some leg to stand on, regarding Kasambara.
So as it is the State’s only choice for a successful prosecution against Mphwiyo is to walk back its earlier assertions regarding the motive of his shooting and admit that the state was wrong about Kasambara. Or it can revert to the earlier plan by Joyce Banda’s (JB) administration which was to get Kasambara as a fall guy and shield Mphwiyo by portraying him as a hero – which JB used to do frequently and openly on the public podium.
Indeed, the rule of the fall guy is that once you finger your man and succeed in heaping blame him, the only remaining, logical thing to do is to protect the actual guilty parties by shutting up. That is why he is called a fall guy – he is made to falls, sacrificed on behalf of the guilty.
Otherwise, the moment you start removing the shield from those you were protecting, things start to unravel, the picture starts to get clearer and, eventually, everyone starts to ask the very questions you never wanted to hear in the first place such as, ‘so, what is this other guy in prison for?’
But as I said, I am just keen to see how the DPP will eat her cake and have it. Who knows, she may even succeed! But until then, let us wait and see, let us wait and see.
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Boma likapusa,lidzamupatsa Ndalama za nnanu munthuyu,momwe inayambila nkhani,sakubweletsa bwanji Umboni wa Mr Mphwiyo??
Let us face facts, Charles is a genius when it comes to analysing issues. Let us use intelligence and wisdom to analyse issues no
t emotions. Welcome back Charles. Your analyses will help the country. There is too much use of emotions rather than logic and reasoning.
Bravo Charles! Keep it up! WINA ALIRA.
I am not a lawyer, but I think someone can be jailed for conspiracy to commit a crime and is conspiracy not planning or plotting something? Is motive not part of the conspiracy? Or do I need xool on meaning of motive? Is not evil mind (mens rea) not part of the proof of culpability?
Paul and Ralph are two crooks. Ralph had his own cases that he wanted government to make payments. Have we analyised how much went to his firm Ralph and A…. during the cashgate era or PP era? Have we analyized how suddenly government was paying huge sums of money to dubious contract violations represented by Ralph and A..? Have we looked at other government procurements during these times? What about the issues of Makandy and BJ who were mentioned by Paul as pressuring him to make payments for Government contracts was this related to these peanuts Kalonga cases? No. This is where big cashgate was happening. Not these contractors who were used by Paul to steal more from Government. Paul and Ralph connived to fool Amayi into believing they can raise money for PP. Amayi bought the idea and the thieving began. Kupondana began. The Lootepo and Pikaz came into the picture eish mpira wake ndiye wodyakana wokhawokha, dont foget Paul and Pika partying in RSA before shooting each other was it contractors cashgate? No it was real cashgate. which is yet to be unmasked. Paul knew the tricks Ralph was playing. Paul stepped in on the deals, Ralph didnt like it. By the way, real Cashgate siyinaphulike these are just surface cashgate. Inu osadabwa ma PS, Army Commander aliyense kumangoba where was this coming from?Unprecedented in Malawi history.
At no point did DPP Mary try to portray Phwiyo as a “partriot, shot for his enthusiasm”. He was just paraded as a state witness and that’s it. Don’t try to corrupt people’s minds here.
“…. I would like to see how they can say one day, that their star witness was a patriot, shot for his enthusiasm in guarding state coffers against looters….” Do I remember the DPP ever making this statement? What I recall is that she was proving that Ralphael was part of the scheme that attempted to kill Mphwiyo. I followed the court proceedings but DPP hardly referred to Mphwiyo as a saint or patriot . Komabe let us wait and see as the courts do keep the documents and references are made rom earlier rullings
I know you ”thought aloud” when you long ago commented on the death of Gen. Manken Chigawa, Sisilande Phiri, the alleged killer of the army Commander, and Thomas Chibonga the accomplice. You were”thinking aloud” when the Democrat commented on the Mwanza Murderers Case in which JZU and company triumphed. But in this article you have not impressed me. I think the ”thinking” is no longer in you. But the ”aloud” is still there.
Nthawi yakumunda ino!!! Lets stop this. Tizayamba pokolola zimenezi.
I think this is a very wrong analysis and a shame that one would mix up issues like this. The fact that Mr Mphwiyo was state witness in the attempted murder case doesn’t mean that he would not have been the brains behind the whole thing. Infact if the writer was trythful enough he should have pointed out the fact that the case of Mr Kasambara SC rested on the premise that one Mphwiyo was shot because he refused to make some payments, which is motive enough to some (am not saying that was motive for the imprisoned people) but it could have been.
Kalonga also explained in one of his statements that some people were not happy with the percentages they got, so you can see that this whole case has greediness in it that led to the tragic events of 2013.
But I am not a lawyer but I can see how the writer is trying to twist facts in this article. Frankly speaking this DPP (Mrs Kachale) has been the best so far if we are to rate all the others who preceded her. So there is no need for someone to try to confuse matters here. Lets face facts when reaching to the public and stop propaganda writing.
Yeah, lets wait and see! Dziko ili ndi lozungulira.
“so, what is the other guy in prison for?” This question calls for repudiation.
People are NOT jailed for motives! Rather for their action(s).
Sometimes, a mentally ill person kills a person, and the motive is not and cannot be established. The perpetrator can still get locked up in a mental institution.
Furthermore, sophisticated criminals, and even habitual liars, manipulators and narcissists, can act in a way as to dupe the system: and motives for their actions become elusive or undetermined. But that does not mean the accused did not commit the crime.
So, in law, motives become a secondary consideration. In other words, it is not sound legal practice to convict someone just because the motive fits the equation: for example, greed, envy, poverty, hunger, or permutations thereof, can fit any scenario! Suspects cannot be set free just for lack of demonstrated motive(s). But rather lack of evidence.
Motives are NOT the same as evidence. And the latter is only a “bonus”.
So, Kasambara was jailed on the basis of evidence. Ditto for Kalonga. Same thing will happen to Phwiyo. After all criminals do NOT necessarily divulge their motives.
QED.
Where have you been hiding Charles….I!! You are my MAN ever since THE DEMOCRATS paper. Welcome back..!
There are two separate issues: (1) Mphwiyo masterminding Cashgate, as is in this case, and (2) Mphwiyo refusing to release payments to particular people that Kasambara wanted to be paid for Kasambara to get his cut. This is the conspiracy to murder case. I note that the conviction of Kasambara has been hard on you. Koma Chichewa cha masiku ano amati “tsiku la 40 limakwana”.
The meeting Mphwiyo had with PAC, this parliamentary PAC, which was aired on Zodiak radio, Mphwiyo himself is the one who told the Malawi Nation that Mphwiyo was shot when He was playing good to protect the state coffers. As it were, everybody could have believed that He was a patriot. Still more, Law practice is more of a chess game, Our lovely DPP could have used that tactic as a way of wanting Mphwiyo to corporate in giving evidence against Kasambara but pretty well knowing that after Kasambara, the heat will turn on Mphwiyo. So, in my considered view, Mary Kachale will not have even a single bite of the cake. This has been a waste of space for sure !
A real waste of space and pure misrepresentation of facts
hahahaha
koma ya! what goes around really comes around…..